MAHATAM RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appellants along with five others were put on trial before the 1st. Asstt. Sessions Judge, Motihari, in Session Trial No. 187/13/81/83 who has convicted these two appellants under Section 395 I.P.C. and sentenced each of them to undergo R.I. for 10 years. He has acquitted other three accused persons namely Ramjit Singh, Ramadhar Pasi and Sameshwar Pandey.

(2.) A dacoity took place in the night of 7th of Nov., 1987 in the house of Suraj Singh P.W.7. According to the prosecution case, Suraj Singh along with his eldest son Bigan Singh, not examined, was sleeping at the Darwaja. He heard the sound and guessed that 15 -16 dacoits had entered into the house. After breaking open the main gate of the house by means of big hammer, the dacoits entered into room, looted articles, the details of which has been given in the F.I.R. They also entered into the room, where Kashi Singh son of the informant was sleeping in ailing condition, removed articles cartridges and demanded licenced gun from Kashi Singh. Then Kashi Singh said that the licenced gun was with his father, the dacoits came to the Darwaja, the informant woke up and seeing the dacoits tried to flee away but the dacoits assaulted him by latht. His son Bigan Singh was also assaulted by lathi. On hulla raised by Suraj Singh the villagers assembled and started brickbatting and thereafter they set the bundles of Pual on fire. The dacoits started running. It is also said that the informant and his family members including the co -villagers identified the dacoits by face. The villagers on chase apprehended one dacoit Dukhi Ahir who disclosed the names of these two appellants and others who have participated in the dacoity.

(3.) P .W. 8 Ram Nihora Thakur was the Officer -incharge of Gobindganj P.S. and at the relevant time he was posted as Junior S.I. He received information of dacoity and also the information that one dacoit has been killed by the villagers. He made a Sanha entry and proceeded to the P.O., thereafter recorded the fardbeyan of Suraj Singh on 8.11.78 at 10 a.m. where he narrated the prosecution case. Thereafter he inspected the P.O. and found the main gate of the house broken and its chhitkili was also broken. He also found the door of the Darwaja broken. Inside the Jamani Kita he found the broken lock and Sanduk. He found the dead body of Dukhi Ahir in front of Baithka. He seized the broken Chitkili, a live cartridge and battery of a torch at the P.O. and thereafter handed over charge of this case to Umesh Chandra Jha, who has submitted charge -sheet against the appellants and others.